But yet no one from Cloanto declared official partnership,neither there is confirmation of any cooperation. Its always shadywhen both sides don`t declare something official. Looks like"try first, pay later" scheme.

Maybe some one should really ask Dana.

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We strive to bring you top notch products. If we dont develop it than we go through outside vendors and we have established the partnerships and proper licensing to do this.

At one moment, C=USA was declared as next "Billy Mays" just because of some of the overmarketing tone

Lol why do people take Distro Watch's page ranking with any degree of seriousness.

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The DistroWatch Page Hit Ranking statistics are a light-hearted way of measuring the popularity of Linux distributions and other free operating systems among the visitors of this website. They correlate neither to usage nor to quality and should not be used to measure the market share of distributions. They simply show the number of times a distribution page on DistroWatch.com was accessed each day, nothing more.

All it takes for someone to adjust their ranking is to just keep clicking to page link.

Just to clear all of this up : Is Mike B. of Cloanto willing to sign a contract with Roberto D. as everyone seems to imply that he would be perfectly happy to do or in fact he wants nothing to do with it and there is no force on this earth that would make him sign such an agreement with Roberto ?

And if they are in fact still in the process of negotiating terms of such agreement it is a lousy thing to ask , I know ... And if they are done negotiating and it is not going to happen what is the reason ?

I can see you are following legal status of Amiga related trademarks so a few questions please :

I believe we mess with that since Commodore demise ...

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Who owns AmigaOS trademark and who is using it and where is it registered (by your knowledge) ?

Should be Amiga Inc, but with licensed users, like Hyperion :)

As we can read even on Wikipedia

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In 30 September 2009, the US courts forced Hyperion and Amiga, Inc into settlement. As grounds for the settlement, Hyperion were granted an exclusive right to develop and market their OS and subsequent versions with the name AmigaOS.[17] However, the "Amiga" trademark remained with Amiga, Inc. and was then also sold to other parties, including Commodore USA and iContain. This meant that "Amiga" branded hardware could and would be sold without AmigaOS 4,[18] weakening the claim of AmigaOS 4 as being a true successor to AmigaOS as originally developed by Commodore-Amiga.

However, the "Amiga" trademark remained with Amiga, Inc. and was then also sold to other parties, including Commodore USA and iContain. This meant that "Amiga" branded hardware could and would be sold without AmigaOS 4,[18] weakening the claim of AmigaOS 4 as being a true successor to AmigaOS as originally developed by Commodore-Amiga..

How does hardware sold with Amiga name, (AmigaBox, Commodore Amiga ...) weaken the"claim" that OS is a continuation of previous OS?

It can to some extent confuse the market, like it happened with C=USA

Same goes for OS/4 Open Linux even with Amiga Icons, Amiga Forever and AROS.(however it does provide similarly named platform with some of functionality made possible be emulation

So does anyone know any place on earth where AmigaOS 4 trademark and Boing Ball trademark are registered and protected by international copyright law as the Hyperionand A-Eon (and even ACube) sites claim ?

He says he does have a "license" - which might be true, everybody who buys a copy of AmigaForever does have a license. Contrary to what his website still claims, he does not have an agreement with Cloanto though.

He apparently plans to buy copies of AmigaForever somewhere, then resell them to his own customers - if somebody ever orders from him.

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Looks like "try first, pay later" scheme.

He claims he already got orders for his AF bundle - personally, I'd wait until an independent source confirms he actually sells that stuff before I accept it as truth.

Basically, Mr. Dohnert is not interested in selling anything to us - whatever product he could come up with using reasonable efforts wouldn't sell anyway - e.g. buy AF from Cloanto and "OS/4 OpenLinux" from PC OpenSystems and you actually save ten bucks compared to his ridiculous bundle.

Dohnert is simply trolling the rights owners - he's trying to find out what he can get away with. He tried stealing the "Amiga" trademark, he tried stealing the BoingBall logo - and from what I hear (rumours), he got cease&desist orders for both attempts.

Now he's allegedly supporting AROS, allegedly bundling AmigaForever, allegedly offering "Amiga compatible hardware" (his webshop now has a section called "Amiga market") - none of this is about actual products, he's just trying to test Hyperion's willingness and ability to defend the trademarks.

For him, it's all just words on a website. Doesn't cost him anything - except some of his spare time - but forces Hyperion and/or the lawyers of Kouri's estate to waste ressources every time. He just hopes to find their weak spot, or make them loose interest because the efforts don't justify the results.

And if none of this ever works out, he still gets a lot of attention - for free.

Avid readers of this site will note that cgutjahr and Hyperion rarely agree on anything. Therefore, when they express the identical thoughts, you almost have to put some weight on it, regardless of whom you believe about other issues.

cgutjahr:

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But a trademark doesn't have to be registered, it's yours as soon as you use it. Registration just makes it easier to defend your mark if somebody else wants to use the same or a similar mark.

Ben:

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In the U.S.A. (or the U.K. and in most 'common law' countries) there is NO requirement to register a trademark officially to acquire trademark rights.

Mere use of a specific trademark is sufficient in these countries to acquire trademark rights.

(Note that with respect to a trade name i.e. the name used by a company in its dealings with its customers this is the case in nearly all countries).

Which is why you see the distinction between (tm) and (R), the former refers to a trademark which is claimed but not registered and the latter refers to a "registered" trademark.

In the US, registering a trademark does not yield a lot of extra rights which is why quite a number of companies only register their most important trademarks or do not register trademarks at all, they simply claim them by using them for a specific category of goods or services.